“upheld the contested judgment, except with respect to the amount of the fine.” As to the allegations of torture, it also upheld the judgment of the First Court. Regarding the alleged shortcomings of the court-appointed defense counsel, it pointed out, inter alia, that “if the defense counsel did not fulfill his obligation, this fact was not caused by the trial Judge, according to the criterion based on the Jurisprudence Thesis No. 119 of the First Court of Mexico’s Supreme Court of Justice.” With respect to the circumstances of the arrest, “it has been established that there were no elements of proof to demonstrate that the arrest took place in the home of Messrs. Juan García Cruz and Santiago Sánchez Silvestre.” 39 B. 3) Criminal proceedings for the crimes of homicide, injuries, violent robbery, organized crime and damage to property 43. On December 9, 1996, the Public Prosecutor opened the preliminary investigation into the events that occurred on that same day, in which a police officer was killed by a gunshot wound, and a police officer and other persons were wounded. 40 The statements at prosecution rendered by Messrs. García Cruz and Sánchez Silvestre on June 6 and 8, 1997, were included in this investigation. 41 (Supra para. 35). 44. On June 11, 1997, the Public Prosecutor “filed criminal proceedings” against Messrs. García Cruz and Sánchez Silvestre for the crimes of homicide, injuries, violent robbery, organized crime and damage to property, “safeguarding their right to extend the criminal proceedings with respect to the other parties involved” and “presented the investigation procedure” to the Criminal Judge of First Instance on Duty in Nezahualcóyotl, in the state of Mexico. That same day the Fourth Criminal Judge of the First Instance of the Judicial District of Texcoco in Nezahualcóyotl “issued an order for the arrest of [both …] so that they could be brought before him immediately in order to continue with the criminal proceedings.” 42 45. “On June 13, 2000, Juan García Cruz and Santiago Sánchez Silvestre made their preliminary statements in this criminal case, denying the charges against them; moreover, [Mr.] Sánchez Silvestre expressly stated that he had been subjected to torture.” 43 46. On September 6, 2001 the Third Judge issued the judgment “establishing the criminal liability of Santiago Sánchez Silvestre and Juan García Cruz for committing the crimes of homicide, injuries, violent robbery, organized crime and damage to property ‘against [five persons, the] Patrimony of the State of Mexico and the Community, respectively.’” He sentenced them “to a forty-year prison term and a fine of one thousand days.” Considering that the criminal liability of the accused had been proven, the judge indicated that “the full evidentiary value of the prosecution statements is acknowledged […], by virtue of the fact that the accused were assisted by a person of trust […], which confers full evidentiary value upon the investigation and above all on the plain and simple confession they rendered.” Messrs. García Cruz and Sánchez Silvestre filed an appeal against this sentence. 44 47. On February 12, 2002 the Superior Court of Justice of the State of Mexico ruled on the appeal, confirming the forty-year prison sentence but amending other operative paragraphs. Moreover, “it dismissed the allegations of torture […] and considered [that the] statements at prosecution [made by Messrs. García Cruz and Sánchez Silvestre] had full evidentiary value.” 39 40 41 42 43 44 Report Report Report Report Report Report on on on on on on Merits Merits Merits Merits Merits Merits No. No. No. No. No. No. 138/11, 138/11, 138/11, 138/11, 138/11, 138/11, paras. 89 to 93. paras. 94, 113 and 114. para. 98. paras. 101 and 102. paras. 105 and 106. paras. 113 and 116. 13